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HomeMy WebLinkAboutResolution - 5849 - Contract - The Thomas Agency - Professional Advertising Services - 05_14_1998RESOLUTION NO. 5849 Item No. 19 May 14, 1998 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for advertising services, by and between the City of Lubbock and The Thomas Agency, for professional advertising services, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this j 4thday of _ May 1998. I 11"Pa, " �"'. i 111111 / 9r, t D +' 0 ' ATTEST:- Ka i Darnell city cretary APPROVi4v TO CONTENT: � T# P vett Corporate Communications Manager APPROVED AS TO FORM: William de Haas Municipal Contracts Attorney Ccdocs/Advertising Agency Contract Resolution May 14, 1998 RESOLUTION NO. 5849 Item No. 19 May 14, 1998 ADVERTISING AGENCY CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS CONTRACT, (the Contract"), effective as of May 14 , 1998, (the "Effective Date"), is made by and between the City of Lubbock, (the "City"), a municipal corporation, and The Thomas Agency, An Advertising and Design Firm, (the Contractor"). WITNESSETH WHEREAS, the City of Lubbock desires professional advertising services; and WHEREAS, The Thomas Agency is qualified and desires to provide advertising services to the City of Lubbock; and NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: SECTION I. TERM The term of this Contract shall be from the Effective Date hereof for one (1) year, with the option to extend said Contract for two (2) additional one (1) year terms by mutual written agreement of the parties executed at least thirty (30) days prior to expiration of the prior term. SECTION II. COMPENSATION City shall pay the Contractor an hourly fee of Fifty and no/100 Dollars ($50.00). In addition, City shall reimburse Contractor for media costs incurred by Contractor. The Contractor shall forego all media commissions and will pass through all media discounts to the City. Advertising Services Contract, City of Lubbock & The Thomas Agency Page 1 SECTION III. TERMINATION City may terminate this Contract at any time during the above term upon thirty (30) days notice to Contractor. City shall not be liable to Contractor for costs incurred after the effective date of termination. SECTION IV. WARRANTIES AND REPRESENTATIONS A. Existence. Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. Contractor has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Contractor. This Contract constitutes legal, valid, and binding obligations of the Contractor and is enforceable in accordance with the terms thereof. D. Contractor. Contractor maintains a professional staff and employs, as needed, other qualified specialists experienced in providing advertising services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. Contractor will and shall conduct all activities contemplated by this Contract in a good and workmanlike manner, and comply with all laws, rules, and regulations, both state and federal, relating to advertising services, as contemplated hereby. If any of the activities of the Contractor, or omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be deemed that the Contractor did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. SECTION V. SCOPE OF SERVICE A. General. Contractor shall provide, on an as needed basis, City with advertising services to assist with the City's year -long print advertising campaign to reach all permanent Lubbock residents through a series of full page ads in selected publications. B. Contractor Duties. Contractor shall advise City on which publications the City should run its advertising in, advise City on the content and design of the advertising, select the media and place the buy, and handle the billing. Advertising Services Contract, City of Lubbock & The Thomas Agency Page 2 SECTION VI. INDEPENDENT CONTRACTOR STATUS Contractor and City agree that Contractor shall perform the duties under this Contract as an independent contractor. The Contractor has the sole discretion to determine the manner in which the advertising services are to be performed. SECTION VII. COMPLIANCE WITH APPLICABLE LAW Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. SECTION VIII. NOTICE A. General. Whenever notice from Contractor to City or City to Contractor is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand, (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery), or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Contractor's Address. Contractor's address and numbers for the purposes of notice are: The Thomas Agency Attn: Ron Thomas P.O. Box 53776 Lubbock, Texas 79453 Telephone: (806) 795-6399 Facsimile: (806) 795-7366 C. City's Address. The City's address and numbers for the purposes of notice City of Lubbock Attn: Tony Privett P. O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775-2280 Facsimile: (806) 775-3258 Advertising Services Contract, City of Lubbock & The Thomas Agency Page 3 B. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. SECTION IX. MISCELLANEOUS A. Captions. The captions to the sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect when construing this -Contract. B. Records. Contractor shall maintain records that are necessary to substantiate the services provided by the Contractor. C. Audit. Contractor shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, Contractor's books and records with respect to this Contract between the Contractor and City. D. Assignability. Contractor may not assign this Contract without the prior written approval of the City. This Contract binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. E. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS CONTEMPLATED HEREBY. F. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. G. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly executed by the Contractor and City. Advertising Services Contract, City of Lubbock & The Thomas Agency Page 4 H. Entire Agreement. This Contract hereto contains the Entire Contract between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. IN WITNESS WHEREOF, the parties to these presents have executed this Contract the day and year as first written above. CITY OF LUBBOCK: ATTEST: /01-) jj Ku Darnell Ci S cretary APPROVED AS TO CONTENT: Tc&qrivftt Corporate Communications Manager APPROVED AS TO FORM: William de Haas Municipal Contracts Attorney THE THOMAS AGENCY Title: 16F'-'r Advertising Services Contract, City of Lubbock & The Thomas Agency Page 5 RESOLUTION NO. 5849 Item No. 19 May 14, 1998 ADVERTISING AGENCY CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS CONTRACT, (the Contract"), effective as of may 14 , 1998, (the "Effective Date"), is made by and between the City of Lubbock, (the "City"), a municipal corporation. and The Thomas Agency, An Advertising and Design Firm. (the Contractor"). WITNESSETH WHEREAS, the City of Lubbock desires professional advertising services; and WHEREAS, The Thomas Agency is qualified and desires to provide advertising services to the City of Lubbock; and NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: SECTION I. TERM The term of this Contract shall be from the Effective Date hereof for one (1) year, with the option to extend said Contract for two (2) additional one (1) year terms by mutual written agreement of the parties executed at least thirty (30) days prior to expiration of the prior term. SECTION II. COMPENSATION City shall pay the Contractor an hourly fee of Fifty and no/100 Dollars ($50.00). In addition. City shall reimburse Contractor for media costs incurred by Contractor. The Contractor shall forego all media commissions and will pass through all media discounts to the City. Advertising Services Contract, City of Lubbock & The Thomas Agency Page 1 - ITEM 1 �, 7J, SECTION III. TERMINATION City may terminate this Contract at any time during the above term upon thirty (30) days notice to Contractor. City shall not be liable to Contractor for costs incurred after the effective date of termination. SECTION IV. WARRANTIES AND REPRESENTATIONS A. Existence. Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. Contractor has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Contractor. This Contract constitutes legal, valid, and binding obligations of the Contractor and is enforceable in accordance with the terms thereof. D. Contractor. Contractor maintains a professional staff and employs, as needed, other qualified specialists experienced in providing advertising services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. Contractor will and shall conduct all activities contemplated by this Contract in a good and workmanlike manner, and comply with all laws, rules, and regulations, both state and federal, relating to advertising services, as contemplated hereby. If any of the activities of the Contractor, or omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be deemed that the Contractor did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. SECTION V. SCOPE OF SERVICE A. General. Contractor shall provide, on an as needed basis. City with advertising services to assist with the City's year -long print advertising campaign to reach all permanent Lubbock residents through a series of full page ads in selected publications. B. Contractor Duties. Contractor shall advise City on which publications the City -�, should run its advertising in, advise City on the content and design of the advertising, select the media and place the buy, and handle the billing. Advertising Services Contract. City of Lubbock & The Thomas Agency Page 2 SECTION VI. INDEPENDENT CONTRACTOR STATUS Contractor and City agree that Contractor shall perform the duties under this Contract as an independent contractor. The Contractor has the sole discretion to determine the manner in which the advertising services are to be performed. SECTION VII. COMPLIANCE WITH APPLICABLE LAW Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. SECTION VIII. NOTICE A. General. Whenever notice from Contractor to City or City to Contractor is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand, (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery), or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Contractor's Address. Contractor's address and numbers for the purposes of notice are: The Thomas Agency Attn: Ron Thomas P.O. Box 53776 Lubbock, Texas 79453 Telephone: (806) 795-6399 Facsimile: (806) 795-7366 are: C. City's Address. The City's address and numbers for the purposes of notice City of Lubbock Attn: Tony Privett P. O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775-2280 Facsimile: (806) 775-3258 Advertising Services Contract, City of Lubbock &: The Thomas Agency Page 3 B. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. SECTION IX. MISCELLANEOUS A. Captions. The captions to the sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect when construing this Contract. B. Records. Contractor shall maintain records that are necessary to substantiate the services provided by the Contractor. C. Audit. Contractor shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, Contractor's books and records with respect to this Contract between the Contractor and City. D. Assignability. Contractor may not assign this Contract without the prior written approval of the City. This Contract binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. E. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS CONTEMPLATED HEREBY. F. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. G. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly executed by the Contractor and City. Advertising Services Contract. City of Lubbock & The Thomas Agency Page 4 ..� H. Entire Agreement. This Contract hereto contains the Entire Contract between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. IN WITNESS WHEREOF, the parties to these presents have executed this Contract the day and year as first written above. CITY OF LUBBOCK: THE THOMAS AGENCY r By:/ WINDY SI ON, MAYOR Title: S IDC"rr ATTEST: APPROVED AS TO CONTENT: , , h� - T riv tt Corporate Communications Manager APPROVED AS TO FORM: William de Haas �.-.� Municipal Contracts Attorney Advertising Services Contract. City of Lubbock & The Thomas Agency Page 5 ADVERTISING AGENCY CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS CONTRACT, (the Contract'), effective as April 22, 1999, (the "Effective Date"), is made by and between the City of Lubbock, (the "City"), a municipal corporation, and The Thomas Agency, An Advertising and Design Firm, (the Contractor"). WITNESSETH WHEREAS, the City of Lubbock desires professional advertising services; and WHEREAS, The Thomas Agency is qualified and desires to provide advertising services to the City of Lubbock; and NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: SECTION I. TERM The term of this Contract shall be from the Effective Date hereof for one (1) year, with the option to extend said Contract for two (2) additional one (1) year terms by mutual written agreement of the parties executed at least thirty (30) days prior to expiration of the prior term. SECTION II. COMPENSATION City shall pay the Contractor an hourly fee of Fifty and no/100 Dollars ($50.00). In addition, City shall reimburse Contractor for media costs incurred by Contractor. The Contractor shall forego all media commissions and will pass through all media discounts to the City. Advertising Services Contract, City of Lubbock & The Thomas Agency Page 1 SECTION III. TERMINATION City may terminate this Contract at any time during the above term upon thirty (30) days notice to Contractor. City shall not be liable to Contractor for costs incurred after the effective date of termination. SECTION IV. WARRANTIES AND REPRESENTATIONS A. Existence. Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. Contractor has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Contractor. This Contract constitutes legal, valid, and binding obligations of the Contractor and is enforceable in accordance with the terms thereof. D. Contractor. Contractor maintains a professional staff and employs, as needed, other qualified specialists experienced in providing advertising services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. Contractor will and shall conduct all activities contemplated by this Contract in a good and workmanlike manner, and comply with all laws, rules, and regulations, both state and federal, relating to advertising services, as contemplated hereby. If any of the activities of the Contractor, or omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be deemed that the Contractor did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. SECTION V. SCOPE OF SERVICE A. General. Contractor shall provide, on an as needed basis, City with advertising services to assist with the City's year -long print advertising campaign to reach all permanent Lubbock residents through a series of full page ads in selected publications. Contractor also shall provide, on an as needed basis, general advertising services to assist the City with various public campaigns such as police recruiting, traffic safety and recycling. Advertising Services Contract, City of Lubbock & The Thomas Agency Page 2 B. Contractor Duties. Contractor shall advise City on which publications the City should run its advertising in, advise City on the content and design of the advertising, select the media and place the buy, and handle the billing. SECTION VI. INDEPENDENT CONTRACTOR STATUS Contractor and City agree that Contractor shall perform the duties under this Contract as an independent contractor. The Contractor has the sole discretion to determine the manner in which the advertising services are to be performed. SECTION VII. COMPLIANCE WITH APPLICABLE LAW Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. SECTION VIII. NOTICE A. General. Whenever notice from Contractor to City or City to Contractor is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand, (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery), or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Contractor's Address. Contractor's address and numbers for the purposes of notice are: are: The Thomas Agency Attn: Ron Thomas P.O. Box 53776 Lubbock, Texas 79453 Telephone: (806) 795-6399 Facsimile: (806) 795-7366 C. City's Address. The City's address and numbers for the purposes of notice City of Lubbock Attn: Tony Privett P. O. Box 2000 1625 13th Street Lubbock, Texas79457 Advertising Services Contract, City of Lubbock & The Thomas Agency Page 3 Telephone: (806) 775-2280 Facsimile: (806) 775-3258 B. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. SECTION IX. MISCELLANEOUS A. Captions. The captions to the sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect when construing this Contract. B. Records. Contractor shall maintain records that are necessary to substantiate the services provided by the Contractor. C. Audit. Contractor shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, Contractor's books and records with respect to this Contract between the Contractor and City. D. Assignability. Contractor may not assign this Contract without the prior written approval of the City. This Contract binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. E. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS CONTEMPLATED HEREBY. F. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. G. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly executed by the Contractor and City. Advertising Services Contract, City of Lubbock & The Thomas Agency Page 4 H. Entire Agreement. This Contract hereto contains the Entire Contract between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK: ATTEST:'- 'KayflKi Darnell City 9dcretary APPROVED AS TO CONTENT: To riv Corporate ommunications Manager APPROVED AS TO FORM: A /V-r� William de Haas Competition and Contracts Manager THE THOMAS AGENCY Advertising Services Contract, City of Lubbock & The Thomas Agency Page 5